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SOFTVIEW LLC v. APPLE INC.

2023-1005, 2023-1007.

108 F.4th 1366 (2024)

SOFTVIEW LLC, Appellant, v. APPLE INC., Motorola Mobility LLC, Appellees. Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: July 26, 2024.

Attorney(s) appearing for the Case

Alan Burnett, Law Office of R. Alan Burnett, Bellevue, WA, argued for appellant.

Sonal Naresh Mehta, Wilmer Cutler Pickering Hale and Dorr LLP, Palo Alto, CA, argued for all appellees. Motorola Mobility LLC also represented by Madeleine C. Laupheimer, Boston, MA; John C. Alemanni, Kilpatrick Townsend & Stockton LLP, Raleigh, NC; David A. Reed, Atlanta, GA.

Edmund Hirschfeld, Orrick, Herrington & Sutcliffe LLP, New York, NY, for appellee Apple Inc. Also represented by Melanie L. Bostwick, Washington, DC; Mark S. Davies, White & Case LLP, Washington, DC; James P. Murphy, Polsinelli PC, Houston, TX.

Farheena Yasmeen Rasheed, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by Peter J. Ayers, Michael S. Forman.

Before Lourie, Bryson, and Reyna, Circuit Judges.

Appellant SoftView LLC appeals from a decision of the Patent Trial and Appeal Board in two inter partes reexamination proceedings. Based on a prior decision in an inter partes review ("IPR") proceeding, the Board held all claims of SoftView's U.S. Patent No. 7,461,353 ("the '353 patent") invalid under the estoppel...

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